Hope v. State
| Docket Number: | 2001-KA-01969-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 03-18-2003 Opinion Author: Myers, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Manslaughter & Possession of firearm by convicted felon - Admission of evidence - Weight of evidence Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Chandler and Griffis, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 12-21-2001 Appealed from: Bolivar County Circuit Court Judge: Larry O. Lewis Disposition: COUNT I: GUILTY OF MANSLAUGHTER; SENTENCED TO 18 YEARS' INCARCERATION, TO RUN CONSECUTIVELY WITH COUNT II: GUILTY OF POSSESSION OF FIREARM BY CONVICTED FELON; SENTENCED TO ONE YEAR INCARCERATION AND TWO YEARS' POST-RELEASE SUPERVISION. District Attorney: Laurence Y. Mellen Case Number: 2001-107CR2 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Willie D. Hope |
RAYMOND L. WONG |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: DEIRDRE MCCRORY |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Manslaughter & Possession of firearm by convicted felon - Admission of evidence - Weight of evidence |
| Summary of the Facts: | Willie Hope was convicted of manslaughter and possession of a firearm by a convicted felon. He appeals. |
| Summary of Opinion Analysis: | Issue 1: Admission of evidence Hope argues that the shell casing should not have been allowed into evidence because the police did not properly secure the crime scene and the shell casing could not be connected to Hope because no gun was recovered. Hope admits throughout his brief that he had a gun at the time of the shooting. Also, witnesses testified that Hope had a gun. The fact that a crime scene was not properly secure goes to the weight the jury should credit to the evidence, not the admissibility. Issue 2: Weight of evidence Hope argues that he could not be found guilty of possession of a firearm by a convicted felon since no gun was recovered. However, witness testimony, including the defense witness, placed Hope at the crime scene with a gun. |
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